Affirmative Action Plan: Is Your Organization Required to Have One?

Posted on July 1, 2016 by firstcontacthr

Recent news of the United States Supreme Court’s Affirmative Action ruling sheds light on the importance of having an Affirmative Action Plan which adheres to the legal requirements set forth over 5 decades ago. In a 5-3 decision, the Court upheld a race-based affirmative action policy of the University of Texas at Austin. Abigail Fisher, a Caucasian woman, sued the school over what she deemed to be racial discrimination after she was denied admissions to the school in 2008.

The University’s admissions protocol consists of a two-pronged approach: 75% of the student body is filled with public high school students who finish in the top 10% of their graduating class, while the remaining 25% of seats are filled based on a number of factors, one of which is race. This Top Ten Rule is known as a “holistic” approach to admissions decisions. Their policy is meant to increase black and Hispanic admissions at the University, which historically were lacking.

Based on her academics, Abigail Fisher did not qualify for admissions under the 10% rule, making it necessary for her to compete for the limited number of enrollment slots remaining. Ultimately, she was not accepted into the University.

What is the Goal of Affirmative Action?

Although Affirmative Action in the area of education, which is aimed at student enrollment, differs from employment-related Affirmative Action, aimed at hiring and employment practices, the intent of both is the same: to ensure certain protected classes receive an equal opportunity for consideration in education and employment and, in the case of employment, an equal chance to advance in the organization.

Who Needs a Written Affirmative Action Plan?

Government contractors and subcontractors with at least 50 employees, and a government contract of $50,000 or more, are required to have a written plan that is updated annually. The applicable laws cover minorities and women,[1] veterans[2] and people with disabilities.[3] Additionally, a financial institution that is a Federal Deposit Insurance Corporation (FDIC) must comply with Affirmative Action laws.[4]

Who Enforces Affirmative Action Regulations?

The United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) oversees and enforces the obligations of affirmative action and equal opportunity programs required for those organizations doing business with the federal government. The OFCCP has the power to conduct audits on organizations required to have an Affirmative Action Plan in place, obtain Conciliation Agreements from those in violation of regulatory requirements, and recommend enforcement action(s) to the Solicitor of Labor. Penalties for non-compliance may include monetary penalties, including back wages to applicants negatively impacted, and/or debarment. Companies who are debarred lose the right to hold federal government contracts in the future.

How First Contact HR Can Keep Your Organization Compliant?

Our Affirmative Action specialists can create a custom Plan for your organization that meets all the necessary legal requirements. We can update your Plan annually and accomplish all of these goals while offering a competitive price and accessibility to our Affirmative Action Team for any questions or support needs. Please contact us today to get started!

[1] Executive Order 11246 on Nondiscrimination under Federal Contracts, Subpart B, Sec. 202(1)

[2] Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended.

[3] Section 503 of the Rehabilitation Act of 1973, as amended.

[4] 41 CFR 60-1.3; 41 CFR 60-250.2; 60-300.2; 60-741.2

Workplace Violence: Strategies For Surviving An Imminent Threat

Posted on June 14, 2016 by firstcontacthr

According to the Department of Homeland Security, the current best practice in the event of an active threat at work is RUN, HIDE, FIGHT. When preventative measures fail to thwart a violent situation on the job, the following guidelines could prove critical to getting yourself, and your staff, out alive.

RUN – If you can get out, get out! Assist others along the way, but do so only if it does not put you in further danger. Leave your stuff behind (unless it is immediately available) and go to your EMERGENCY ACTION PLAN’s evacuation route or designated exit. Once you are clear from danger, prevent others from walking into the danger, and then call 911. Your EMERGENCY ACTION PLAN should contain rally points (safe locations) where you and your staff can meet should an incident take place. This allows you to take an inventory of your staff and ensure everyone is accounted for.

HIDE – If you cannot run, then hide. Find a location where you’re not likely to be found and silence your phone. If you are able to call 911 during this time, do so. Even if you cannot speak to the operator, simply calling and leaving the call active will alert authorities to your approximate location. Stay calm and quiet. If you are able to lock yourself in an office or other secure area, do so. Do not open the door for anyone except the authorities. It is important to stay away from interior windows as well. During safety drills at schools, police advise students and teachers to stay out of sight of those interior windows which look into classrooms. The same holds true for workplaces. If a threat sees people through a window, he will see potential victims, and the violence may escalate. Understanding the difference between cover and concealment is also critical. Concealment means hiding and staying out of sight. Cover means placing a barricade between yourself and the danger (like bullets, for example). Situational awareness is important in understanding what objects may prove useful barriers, and what will do nothing to protect you from injury. And finally, when you are hiding, prepare for the worst – which means – be ready to fight.

FIGHT – If you are confronted with a situation where you may wind up seriously injured or killed, you should fight. The goal here is to physically harm the threat. Law enforcement recommends aiming for “soft spots”; groin, face, eyes, etc, and using improvised weapons; chairs, box cutters, letter openers, and anything else that would hurt the person or slow them down. If you are carrying a gun, exercise caution when deciding whether to use it. You don’t want the intruder to get his hands on it, you don’t want to inadvertently shoot an innocent bystander, and you don’t want the police to mistake you for a threat when they arrive. If you are able to harm and incapacitate the intruder, first ensure you’re safe, and then call 911. Speak clearly and calmly, and provide the location of the incident, and location and description of the intruder. You may also want to provide information about victims or injuries.

Two considerations in handling the aftermath of workplace violence:

When the first responders arrive, they may very well ignore the injured. Their first priority is assuring the intruder is neutralized. Rest assured, EMS and other medical care will arrive and assist those who are hurt. Try to stay out of the first responders’ way, and if they approach you for information, be prepared to help them; and
Your place of business will be considered a crime scene. Depending on the severity of the incident, this may last for a day, weeks, or even months. Keep this in mind when creating your company’s EMERGENCY ACTION PLAN. You may want to have contingencies in place for alternate work locations. Instruct your staff to never try to return to the scene to retrieve belongings without asking the authorities first. They will probably require an escort, or may be barred from entry altogether.

Remember that workplace violence can happen to any company at any time. According to a study conducted by the FBI[1], between 2000 and 2013, 40 out of 50 states experienced an active shooter incident. There were 160 active shooter incidents in this country during that same 14 year time frame. In 16 of those incidents, the violence occurred at more than one location. An average of 11.4 Active Shooter incidents occur annually (Sandy Hook Elementary is one terrifying example of this). These incidents are on the rise; the first 6.4 incidents during the FBI’s study happened in the first 7 years, while 16.4 occurred during the last 7 years.The first shot or instance of aggression is almost always directed at the perpetrator’s spouse or other family member, and 60% of violent incidents are over before the police even arrive on the scene.

While these numbers are startling and scary, there are ways to prevent, prepare, and take action if your place of business is a victim of workplace violence.

First Contact HR is a full-service background screening company that provides pre-employment background checks, employee background checks, drug screening, education and employment verifications, and many other services that may assist in keeping your workplace safe. For more information, please call our office at 267-419-1390, or visit our website at www.firstcontacthr.com.

[1]https://www.fbi.gov/about-us/office-of-partner-engagement/active-shooter-incidents/a-study-of-active-shooter-incidents-in-the-u.s.-2000-2013

PA Act 153 Amendments

Posted on July 17, 2015 by firstcontacthr

Recently, the PA general assembly passed legislation aimed at providing relief to colleges and universities required to comply with the Act 153 background check requirements. The bill (HB 1276) passed the House with a vote of 190-5. It was ratified by the Senate with a unanimous vote.

The new language removes the background check requirement for employees of higher education whose direct contact with children is limited to either (A) prospective students visiting a campus, or (B) matriculated students who are enrolled at the institution. The bill also limits the need for background checks to only those on the administrative staff who have; routine interaction (i.e, “regular and repeated contact that is integral to a person’s employment or volunteer responsibilities”), and direct contact, with children. These changes remove the background check requirement for the majority of the faculty and staff at colleges and universities.

However, background checks are still required for any employee of a college or university if that individual is in direct contact with a student who is enrolled in a secondary school. This measure is intended to protect children who are in dual enrollment programs and concurrently attend high school while taking college courses. Also, background checks are still required for any college employee who has direct contact with children at summer youth camps or other youth oriented programs.

The effective date for volunteers to get certifications has been extended to August 25^th 2015, and the re-certification for background checks has been increased from every three years to every five years.

First Contact HR’s Recommendation:

Because these changes come amidst colleges already going through screening practices that may now be extraneous – we would advise colleges and universities to continue to background check the majority of their employees in order to keep their institutions safe. Parents of children going off to college will feel more at ease knowing that the school they have chosen did more than the bare-minimum with regard to their students’ well-being. Keeping up to date with background checks on all employees is still the best practice, and with the recent fee reductions it is now more affordable to ensure the school’s staff is fully vetted.

PA Waives ACT 153 Background Screening Fees for Volunteers

Posted on June 26, 2015 by firstcontacthr

This year has seen a fair amount of change around background screening laws for schools in Pennsylvania with the introduction of ACT 153. According to the legislation that took effect in January, everyone whose work could involve contact with children has to undergo a background screening clearance. This goes for anyone working in, or for, schools – including volunteers. While on the surface this is legislation is on target with better protecting the children within the state, it adds a huge financial burden on institutions and individuals.

Since the law was passed last October, there have been concerns raised with legislators about cost to volunteers. Many believe the cost is prohibitive, unfair and potentially deter people from volunteering. For these reasons, Governor Tom Wolf announced two weeks ago that changes to the law would be made to ease the burden on people looking to volunteer at schools. According to Wolf, starting on July 25^th 2015, the fees for the child abuse history clearance and the statewide criminal background check will be waived for volunteers who work with children.

Additionally, the Department of Human Services and PA state police will be reducing the cost of child abuse clearances and criminal background checks by 20% for all other applicants (down to $8 from $10). The aim with these changes is to ease the cost burden on those who are now required to have these screens done every 36 months.

Gov. Wolf stated in the news release last Wednesday, “My action today could not have been accomplished without the hard work of the General Assembly, who has participated in an ongoing bipartisan working group with the Administration in an effort to develop needed clarifications to the Child Protective Services Law … Through that process, the General Assembly expressed concerns of many members about the cost of background clearances, particularly for volunteers. I share those concerns, and that is why I am excited to announce these actions today.”

The new policy does not affect the cost of FBI background checks required for people who haven’t lived in the state continuously for 10 years and work with children. The full cost of $27.00 for the federal checks will still apply to volunteers and employees alike.

For more information about clearances required under the Child Protective Service Law, head to www.keepskidssafe.pa.gov. For more information about PA Act 153, you can read about it on our blog.

Government Shutdown and its Impact on HR

Posted on October 12, 2013 by firstcontacthr

For the first time in 17 years, portions of the united states government are closed as the House of Representatives, the Senate and the White house were unable to reach an agreement to fund the federal government for the 2014 fiscal year.

While the affects of this government shutdown are broad and far reaching, the main cause for concern for human resource professionals should be that a number of government organizations such as; e-verify, and the Equal Employment Opportunity Commission (EEOC), have been either shutdown or severely limited.

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Anatomy of a Background Check

Posted on August 21, 2013 by firstcontacthr

Lately, there has been quite a bit of discourse on the topic of background screening in the news. Between the EEOC suing Dollar General and BMW over their alleged discriminatory screening practices, the Philadelphia building collapse in June,and the Snowden/NSA information leaking case, there’s certainly plenty to discuss. But what exactly is a background check?

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Top 10 Background Check Trends for 2013

Posted on June 14, 2013 by firstcontacthr

The rising popularity of background checks has given rise to new trends for vetting new hires and employees by organizations across the U.S.The growth of background checks also permeates other areas such as screening of volunteers, contractors, business partners, board members, housing tenants and even purchasers of guns. Here’s a list of the latest 10 ten trends for 2013 complied by First Contact HR.

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Background Checks on Summer Interns?

Posted on June 6, 2013 by firstcontacthr

Another school year is coming to a close, summer is just a few weeks away and hundreds of thousands of students who have been vying for coveted summer internships will soon begin their work. For the students, these internships can be invaluable learning opportunities and are often necessary stepping-stones for their career paths or higher education.

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Why You Need To Background Check [Infographic]

Posted on December 17, 2012 by firstcontacthr

Your new potential hire has just left your office following a final interview. You feel great about their attitude and they appear to have the pedigree of a top candidate. They have all the signs for success: a resume full of great experience, stories about converting tough clients, and the charisma/charm and character you’ve only ever read about in hiring books.

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U. Penn Dean, and Former NYU Staffer, Resigns over Fabricated Doctorate

Posted on May 3, 2012 by firstcontacthr

(Univ. of Pa. photo)

On April 26, 2012 a vice dean of the University of Pennsylvania School of Education resigned after questions of his academic background arose. Doug Lynch, a trusted faculty member at the University of Pennsylvania, claims that he has a doctorate. His resume states that he earned his doctorate from Columbia University in 2007, yet Columbia said that he has not yet earned his Ph.D. Additionally, on the Fels institute of Government webpage, Lynch was listed as “Dr. Lynch.”

Prior to quietly resigning following an investigation by the University of Pennsylvania into the authenticity of his claimed doctoral degree, the Philadelphia Inquirer published an article about Lynch being placed on leave. Read more

HR Professional Opinion

Fabricating facts and figures on a resume is fraud – and while it is not necessarily a crime, it is certainly a “misdemeanor offense” in the working world. Resume fabrication commonly includes lying about receiving a degree or certification, exaggerating numbers like GPA and dates worked on a particular project or job, inflating titles, providing a fake address, etc.

Those who get caught not only tarnish their reputation, but bad press is directed towards the organization that hired the individual guilty of fraud. Basically, resume fraud doesn’t look good for anyone, hence the importance of conducting education verifications in a pre-employment background check.

This is not the first time we’ve seen organizations in the limelight for hiring employees with fabricated backgrounds. Remember these?

Ronald Zarrella, Bausch & Lomb chief executive officer claimed to have graduated from New York University’s Stern School of Business. He actually only attended the MBA program from 1972-1976, yet never graduated.
George O’Leary, ex-Notre Dame football coach resigned five days after being hired after admitting to resume fraud. He claimed that he received his master’s degree in education from New York University, yet he never received that degree. He also lied about playing college football for the University of New Hampshire. This was also inaccurate.
Dave Edmondson, chief executive of RadioShack claimed to have received degrees in theology and psychology from Pacific Coast Baptist College in California. As it turns out, Edmondson only completed two semesters and that psychology wasn’t even a degree that was offered by the college.